Wellington polo mogul wanted more freedom before new trial

John Goodman won a new trial, but he didn't win his freedom. The polo magnate will mostly stay confined to his Wellington mansion after a judge Wednesday refused to end his house arrest and remove his ankle monitor.

But Goodman is getting a few breaks: the judge lowered his bail from $7 million to $4 million, and he no longer will be watched by two Palm Beach County Sheriff's Office deputies 24/7. And he can travel for meetings with his attorney and for doctor's appointments, provided that he has a police escort.

Attorneys for Goodman last week requested his complete release because his DUI manslaughter conviction and 16-year prison sentence was vacated May 3 based on alleged misconduct by juror Dennis DeMartin.

Prosecutors during a Friday hearing argued Goodman's vast wealth and motivation to flee the United States make it too risky for the court to stop monitoring Goodman.

Colbath also ruled the evidence against Goodman, 49, is strong in the Feb. 12, 2010, death of Scott Wilson. The judge's four-page order doesn't mention the issues with DeMartin that prompted the new trial.

The defense, based on a discovery made in March, accused DeMartin, 69, of lying his way onto Goodman's jury a year earlier by failing to disclose that one of his ex-wives was once arrested for DUI.

Colbath agreed this omission, plus earlier misconduct with DeMartin conducting a vodka drinking experiment before deliberations, had the cumulative effect of cheating Goodman out of a fair trial.

The judge then charged DeMartin with indirect criminal contempt, a misdemeanor, and ordered the retired accountant from Delray Beach to appear at a May 30 arraignment hearing. DeMartin, through his attorneys, already have demanded a trial by a jury if Colbath denies multiple requests to drop the charge.

Goodman's attorneys argued their client now has the presumption of innocence, and shouldn't have to keep paying $2,000 a day for the deputies. They asked for all of Goodman's previous pre-trial conditions, including $100,000 bail and the ability to go anywhere in the U.S. with prior notice.

"There is no new evidence to support imposing different or additional more restrictive pretrial release conditions than those originally imposed" after Goodman's arrest, wrote attorneys Doug Duncan and Scott Richardson in a pleading filed Tuesday. Duncan vouched for Goodman to appear at all future court dates and told the judge while Goodman's family has riches, Goodman himself "is not a man of substantial means."

But the State Attorney's Office contended Goodman shouldn't be treated as if nothing happened since he was charged three years ago.

"The first conviction was not disturbed based on any evidentiary issue and the defendant has been exposed to a significant prison sentence," Chief Assistant State Attorney Alan Johnson wrote to the judge on Monday.

On March 23, 2012, DeMartin and five other jurors found Goodman guilty of driving drunk and smashing his Bentley convertible into Wilson's Hyundai at the intersection of 120th Avenue and Lake Worth Road in Wellington. Wilson's car flipped into a canal, where the 23-year-old engineering graduate drowned.

Blood tests taken about three hours after the 1 a.m. crash showed Goodman had a blood-alcohol level of .177, more than double the .08 legal limit.

Goodman, founder of International Polo Club Palm Beach and heir to a Texas air-conditioning fortune, said he drank liquor in a "man cave" afterward to dull the pain of a broken wrist after he walked away from the crash. The defense also argued Goodman's car malfunctioned.

Goodman's next court appearance is scheduled for June 3. His other bail conditions include random drug and alcohol testing three times a month, no driving, and permission to go outside one hour per day on his 80-acre estate, at a distance from his house to be determined by a house arrest officer.

Ellen Roberts, the former lead prosecutor on the case, alleged Goodman has connections in Argentina and would be inclined to escape there because he's been convicted once. "I wouldn't let him out," she said.